Articles Posted inNursing Home Abuse

Physical and sexual abuse in California nursing homes, assisted living institutions and adult day care facilities is still a huge problem. Elder abuse is a silent epidemic that’s prevalent in nursing homes and long-term care facilities in every city and state. According to the National Center on Elder Abuse, 3.2 million Americans spent time in nursing facilities in 2008. Within the next few decades, some 5 million aging adults will move into assisted living and long-term care facilities. Even now, millions of moms, dads, aunts, uncles, grandparents and loved ones risk being abused by their caretakers. This is one problem that’s not going away or getting better. Experts have called elder abuse one of the greatest law enforcement challenges of the 21st century. The statistics on the issue are shocking.

• One in three nursing facilities was cited for multiple violations that caused harm or had the potential to harm residents.

• Fewer than 2 percent of certified nursing facilities had no violations.

In a recent California Court of Appeal decision, Lemaire v. Covenant Care California, LLC, the court struck down a jury verdict in favor of the plaintiffs in a blow to patient’s rights. My insight in this decision is as follows:

Facts of the Case:

Patient, Laura Clausen, suffered a stroke and was admitted to a skilled nursing facility in California run by Coventant Care. While in their care, she later died. Her daughter brought an action against the nursing home alleging chronic understaffing causing substandard medical care. She further alleged in the lawsuit that the nursing facility was in violation of California Health and Safety Code 1430(b) in failing to maintain clear and legible notes in the patient history records including notes of “how the patient responds, eats, drinks, looks feels and reacts.” Plaintiff was awarded $270,000 as statutory damages under 1430(b)) and $841,842 in attorney fees along with $26,327.45 in costs. Covenant Care California, LLC appealed this award.